Before a private landlord or letting agency can evict you from your home or end your tenancy, they have to follow special procedures.
Your tenancy agreement will say how long you have rented the property for, for example, 6 months or a year. At the end of that time, your tenancy will automatically renew itself unless:
- you give the landlord written notice that you want to leave at the end of the tenancy, or
- your landlord gives you written notice that they want you to leave the property. They do this by giving you a ‘notice to quit’ and at least two months' notice in writing that they want the property back (this is known as a section 33 notice). If your landlord wants you to move out on the day your tenancy expires, they will need to give you a section 33 notice at least two months before that date.
If neither you nor your landlord has given notice, your tenancy will renew itself. This will be for the same length of time, unless your tenancy agreement says that it will be for a different period - for example, it might say 'the property is let for a period of six months and then monthly thereafter'.
For a notice to quit to be valid it must:
- be in writing, even if you do not have a written tenancy agreement
- state the length of notice you have been given
- state that once the notice has run out, the landlord still has to get an order from the court before you have to leave
- include information about where you can get advice.
Landlords can combine a notice to quit and a section 33 notice so that it comes as one notice, this is ok as long it:
- gives you at least two months notice
- states that the landlord requires possession of the property
- states that once the notice has run out, the landlord still has to get an order from the court before you have to leave
- include information about where you can get advice.
Seasonal lets
Seasonal lets are houses / flats let weekly to holiday makers in the summer but are available for longer periods over the winter. If you have a seasonal let you should find out from your landlord at the start when it is due to end – e.g. 6 months after it starts. Your landlord still requires to issue you with a notice to quit at the end of your tenancy. You should start to look for alternative housing several weeks before your tenancy end so that you give yourself enough time to find something and don’t become homeless.
Sharing with a Resident Landlord
People who share accommodation with their landlord have different rights to those who rent separate property. They generally have a Common Law Tenancy which means that whilst they don't have as many rights as assured tenants or Scottish secure tenants, they still have lots.
Shelter’s website explains who has a resident landlord and what your rights are if you share with your landlord.
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